An employer may only dismiss an employee summarily if there is an urgent cause. That sounds clear, but in practice much discussion arises on this topic. It regularly turns out that an employer wrongly invokes an urgent cause.
In this article we explain what an urgent cause is, which behaviours do or do not qualify, and what you can do if the dismissal is wrongful.
For general information about dismissal, you can also consult our page on employment law.
What is an urgent cause?
An urgent cause is conduct so serious that the employer cannot reasonably be expected to continue the employment contract any longer.
The assessment always depends on:
- the nature and severity of the conduct;
- the employee's position;
- the length of service;
- prior warnings;
- personal circumstances.
Examples of possible urgent causes
Employers often invoke an urgent cause in cases of:
- theft or fraud;
- serious refusal to work;
- threats or violence;
- serious insult of colleagues or supervisors;
- breach of confidentiality.
Note: this does not mean that summary dismissal is automatically valid in these situations.
When is there no urgent cause?
In practice, we regularly see that no urgent cause is present, for example when:
- it concerns a one-time mistake;
- the conduct is insufficiently serious;
- no warnings have been given;
- the employer waited too long to dismiss;
- the dismissal is disproportionate.
In such cases, the dismissal may be wrongful.
Urgent cause and immediate dismissal
Even if serious conduct has occurred, the employer must act without delay. This means the dismissal must follow almost immediately after discovery of the incident.
If the employer waits too long, the urgent cause may lapse and the dismissal becomes invalid.
Disputing the urgent cause? Here is what you can do
Do you doubt whether there truly is an urgent cause? Then it is important to take swift action.
Also read our in-depth articles:
Consequences for wages and benefits
In case of summary dismissal, the UWV usually assumes culpable unemployment. As a result, unemployment benefits may be refused.
More information can be found at: uwv.nl – Unemployment benefits (WW).
What does the government say?
The legal rules on summary dismissal are laid down in the Dutch Civil Code. The government provides general explanations at:
Urgent cause for summary dismissal? Have it reviewed
An invocation of an urgent cause is strictly reviewed. A swift legal assessment can make the difference between loss of income and restoration of your rights.